(Devarim 22:1) "You shall not see (the ox of your brothers or his lamb straying and [you shall] ignore them. Return shall you return them to your brother." "You shall not see": I might think, even if he were a mil away; it is, therefore, written (Shemoth 23:4) "If you encounter (the ox of your foe, etc.") If "If you encounter," I might think, literally; it is, therefore, written "You shall not see." How is this to be resolved? The sages estimated one-seventh of a mil, a ris.
"You shall not see the ox of your brother": a negative commandment. And elsewhere it is written "If you encounter" — a positive commandment — whence we derive that (in the event of non-compliance) he transgresses a positive and a negative commandment.
"the ox of your brother": This tells me only of "the ox of your brother." Whence do I derive (as included in the mitzvah) the ox of your foe? From (Ibid.) "the ox of your foe" (i.e., in any event). If so, why is it written (here) "your brother"? Scripture (there) speaks only anent the evil inclination (i.e., Restore not only the ox of your brother, but even the ox of your foe — above the protestations of your evil inclination.)
"or his lamb straying": in the manner of strays. From here it was ruled; What is considered a lost object? If one found an ass or a cow grazing on the road, this is not a lost object. If he found an ox with its load overturned or a cow running in the vineyards, that is a lost object.
"and (you shall) ignore": Sometimes you do ignore (a lost object), and sometimes you do not ignore. How so? If he were a Cohein and the object were in the cemetery, (which a Cohein is forbidden to enter), or if he were an elder (i.e., a Torah scholar) and it were beneath his dignity (to retrieve it), or if his labor (to retrieve it) were greater than that of his neighbor, he is exempt (from retrieving it). This is the intent of "and you ignore" — Sometimes you do ignore and sometimes you do not.
"return shall you return them": If he returned it (the animal), and it ran away; returned it and it ran away — even four or five times — he must continue returning it, it being written "Return shall you return them." If he returned it to a place where it could be seen (by the owner), he need not deal with it. If it were stolen or lost, he is responsible for it — until he returns it to his (the owner's) domain, it being written "to your brother."
(שמות כג ה) ״כִּי תִרְאֶה״, יָכוֹל אֲפִלּוּ רָחוֹק מִמֶּנּוּ מְלֹא מִיל? תַּלְמוּד לוֹמַר (שמות כג ד): ״כִּי תִפְגַּע״. אִי ״כִּי תִפְגַּע״, שׁוֹמֵעַ אֲנִי כְּמַשְׁמָעוֹ? תַּלְמוּד לוֹמַר: ״כִּי תִרְאֶה״. הָא כֵּיצַד? שִׁעֲרוּ חֲכָמִים אֶחָד מִשִּׁבְעָה וּמֶחֱצָה בַּמִּיל, שֶׁהוּא רִיס.
(Devarim 22:1) "You shall not see (the ox of your brothers or his lamb straying and [you shall] ignore them. Return shall you return them to your brother." "You shall not see": I might think, even if he were a mil away; it is, therefore, written (Shemoth 23:4) "If you encounter (the ox of your foe, etc.") If "If you encounter," I might think, literally; it is, therefore, written "You shall not see." How is this to be resolved? The sages estimated one-seventh of a mil, a ris.
[״וְחָדַלְתָּ מֵעֲזֹב לוֹ עָזֹב תַּעֲזֹב עִמּוֹ״,] נִמְצֵינוּ לְמֵדִים שֶׁהוּא עוֹבֵר עַל מִצְוַת עֲשֵׂה וְעַל מִצְוַת לֹא תַעֲשֶׂה.
עָזוֹב תַּעֲזֹב עִמּוֹ – זוֹ פְּרִיקָה; הָקֵם תָּקִים עִמּוֹ – זוֹ טְעִינָה, דִּבְרֵי רַבִּי יְהוּדָה בֶן בְּתֵירָה.
(דברים כב א) לֹא תִרְאֶה אֶת שׁוֹר אָחִיךָ – מִצְוַת לֹא תַעֲשֶׂה, וּלְהַלָּן הוּא אוֹמֵר (שמות כג ד) ״כִּי תִפְגַּע״ – מִצְוַת עֲשֵׂה.
"You shall not see the ox of your brother": a negative commandment. And elsewhere it is written "If you encounter" — a positive commandment — whence we derive that (in the event of non-compliance) he transgresses a positive and a negative commandment.
שׁוֹר אָחִיךָ, אֵין לִי אֶלָּא שׁוֹר אָחִיךָ; שׁוֹר אוֹיִבְךָ מִנַּיִן? תַּלְמוּד לוֹמַר (שמות כג ד): ״אוֹיִבְךָ״, מִכָּל מָקוֹם. אִם כֵּן לָמָּה נֶאֱמַר אָחִיךָ? אֶלָּא מְלַמֵּד שֶׁלֹּא דִבְּרָה תוֹרָה אֶלָּא כְּנֶגֶד הַיֵּצֶר.
"the ox of your brother": This tells me only of "the ox of your brother." Whence do I derive (as included in the mitzvah) the ox of your foe? From (Ibid.) "the ox of your foe" (i.e., in any event). If so, why is it written (here) "your brother"? Scripture (there) speaks only anent the evil inclination (i.e., Restore not only the ox of your brother, but even the ox of your foe — above the protestations of your evil inclination.)
אוֹ אֶת שֵׂיוֹ נִדָּחִים – כְּדֶרֶךְ הַדָּחָתָם. מִכָּן אַתָּה אוֹמֵר (ב״מ פ״ב מ״ט): אֵיזוֹ הִיא אֲבֵדָה? מָצָא חֲמוֹר אוֹ פָּרָה רוֹעִים בַּדֶּרֶךְ – אֵין זוֹ אֲבֵדָה. חֲמוֹר וְכֵלָיו הֲפוּכִים, פָּרָה וְרָצָה בֵּין הַכְּרָמִים – הֲרֵי זוֹ אֲבֵדָה.
"or his lamb straying": in the manner of strays. From here it was ruled; What is considered a lost object? If one found an ass or a cow grazing on the road, this is not a lost object. If he found an ox with its load overturned or a cow running in the vineyards, that is a lost object.
וְהִתְעַלַּמְתָּ מֵהֶם – פְּעָמִים שֶׁאַתָּה מִתְעַלֵּם וּפְעָמִים שֶׁאֵין אַתָּה מִתְעַלֵּם. כֵּיצַד? הָיָה כֹהֵן – וְהִיא בְּבֵית הַקְּבָרוֹת, אוֹ שֶׁהָיָה זָקֵן – וְאֵינָהּ לְפִי כְבוֹדוֹ, אוֹ שֶׁהָיְתָה שֶׁלּוֹ מְרֻבָּה מִשֶּׁל חֲבֵרוֹ – פָּטוּר! לְכָךְ נֶאֱמַר: וְהִתְעַלַּמְתָּ – פְּעָמִים שֶׁאַתָּה מִתְעַלֵּם וּפְעָמִים שֶׁאֵין אַתָּה מִתְעַלֵּם.
"and (you shall) ignore": Sometimes you do ignore (a lost object), and sometimes you do not ignore. How so? If he were a Cohein and the object were in the cemetery, (which a Cohein is forbidden to enter), or if he were an elder (i.e., a Torah scholar) and it were beneath his dignity (to retrieve it), or if his labor (to retrieve it) were greater than that of his neighbor, he is exempt (from retrieving it). This is the intent of "and you ignore" — Sometimes you do ignore and sometimes you do not.
הָשֵׁב תְּשִׁיבֵם, הֶחֱזִירָהּ וּבָרְחָה הֶחֱזִירָהּ וּבָרְחָה, אֲפִלּוּ חָמֵשׁ פְּעָמִים – חַיָּב, שֶׁנֶּאֱמַר: הָשֵׁב תְּשִׁיבֵם; הֶחֱזִירָהּ לְמָקוֹם שֶׁרָאוּהָ אֲחֵרִים, לֹא יִטַּפְּלוּ בָהּ. נִגְנְבָה אוֹ אָבְדָה – חַיָּב בְּאַחֲרָיוּתָהּ. לְעוֹלָם חַיָּב בְּאַחֲרָיוּתָהּ, עַד שֶׁיַּכְנִיסֶנָּה לִרְשׁוּתוֹ, שֶׁנֶּאֱמַר: הָשֵׁב תְּשִׁיבֵם לְאָחִיךָ.
"return shall you return them": If he returned it (the animal), and it ran away; returned it and it ran away — even four or five times — he must continue returning it, it being written "Return shall you return them." If he returned it to a place where it could be seen (by the owner), he need not deal with it. If it were stolen or lost, he is responsible for it — until he returns it to his (the owner's) domain, it being written "to your brother."